Articles posted by Koryn McHone

S.B. 383, which can be found here, was introduced earlier this week in the Ohio state Senate and seeks drastic change to Ohio’s state employment bias laws. Specifically, if the legislation were to be passed and enacted in its current form, a number of employer-friendly revisions would be made. Included among those proposed changes are: 1. a requirement that an employee opt to choose either to file an administrative charge with the Ohio Civil Rights Commission or to file a complaint in court (as opposed…

A congressional investigation has been initiated in response to the Obama administration’s guidance advising defense contractors not to issue budget-driven layoff notices in accordance with federal WARN Act provisions. The investigation, lead by Rep. Darrell Issa (R-Calif.), who serves as the Chair of the U.S. House of Representatives’ Oversight Committee, seeks correspondence between the White House and various defense firms to determine whether any guidance issued runs afoul of WARN Act requirements and encourages contractors to disregard employment laws. Specifically, with the upcoming November elections,…

As part of its broader Strategic Plan for Fiscal Years 2012-2016, the Equal Employment Opportunity Commission (EEOC) has released a draft Strategic Enforcement Plan (SEP) for Fiscal Years 2012-2016, setting forth its primary priorities for the coming years, and seeks public commentary on same prior to voting on the SEP at the end of September 2012. The SEP, which can be found here, discusses the EEOC’s history, composition, and responsibilities, as well as the background events giving rise to the development of the SEP in…

The U.S. District Court for the Western District of Pennsylvania has denied an employer’s motion to certify various questions for interlocutory appeal in relation to the grant of conditional certification of a class of employees over the age of 50 in an Age Discrimination in Employment Act (“ADEA”) lawsuit filed against it. Specifically, in Karlo v. Pittsburg Glass Works, LLC., No. 10-1283, slip op. (W.D. Pa., July 20, 2012) (Barry Fischer, J. ), the defendant sought leave to certify three questions for appeal in relation…

The United States District Court for the Northern District of Iowa recently dismissed a plaintiff’s claim pertaining to her right to privacy in expressing breast milk in the workplace, pursuant to the Patient Protection and Affordable Care Act (the “Act”). The opinion, which can be found here, granted the defendant’s motion to dismiss in part, finding that the more appropriate forum for the plaintiff’s complaint — that she was not afforded a place to express breast milk that was “shielded from view and free from…

The United States District Court for the Eastern District of North Carolina recently rejected a pro se plaintiff’s efforts to evade being deposed in her suit filed under Title VII of the Civil Rights Act of 1964. Specifically, after suing her former employer North Carolina Department of Administration/North Carolina Human Rights Commission (“NCDOA”), plaintiff Linda Huggins sought a protective order precluding NCDOA from deposing her in relation to her claims of discrimination and retaliation. The opinion, which can be found here, rejected such efforts and…

The Northern District of Alabama recently rejected a plaintiff’s request for sanctions against her former employer, Logan’s Roadhouse, arising in relation to the contents of personnel files. The ruling stems from a case in which a former Assistant Manager claimed the restaurant had violated Title VII of the Civil Rights Act of 1964 by failing to promote her and then terminating her employment due to her sex or alleged past complaints of gender discrimination/harassment. The plaintiff further alleged that she had been paid unequally due…